Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1887-10-05
LAND RULING.

a decision has recently been rendered
by Judge Brewer, in the circuit cOurt
OF the United States, for the district Of
Kansas, IN regard TO the entry Of fifteer
quarter sections of land I'm Harper coun
ty, under the act OF July Is, 1870, rela
ting to the disposal of Usage Indian
lands. In the fall Of 1892 fifteen differ.
ent persons entered quarter section OF
land, each, and afterwaTd sold the land
To NJ. w. Ualsey, of Anthony, fol which
land patents were issued to Ilalsey
After he purchased the lands he mort
gagged them To the Lombard Mortgage
company. The United States commenc
ed fifteen different suits To cancel the
entries and set aside the patents, max.
ing each of the entrymen, VI. ". Hal
sey, and the Lombard Mortgage compa.
ny defendants.
Judge Brewer, after carefully review.
ing the ease, which was similar To many
Others which have occurred upon the
Usage strip, dismissed the bill, holding
that the government had derived the
purchase money required by law; that
IL had i'm no way been defrauded; that
II had issued patents TO the land after
an examination of the alIedged fraudu-
lent entries, and that therefore he could
no: do otherwise than decide against
the government. To sustain him, he
cites a portion Of the decision of the
u. 5. supreme court I'm the Maxwell
land grant case, l2l u. S. 325, as fol.
lows:
I'VE take the general doctrine to be,
That when IN court of equity il is pro-
posed tO set aside, To annIl or correct a
written instrument itself, the testimo-
ny OF which this is done must be clear.
unequivOcal and convincing, and that
II cannot he done by bare preponder-
ance Of evidence which leaves the issue
IN doubt. III the proposition, as thus
laid down In the cases cited, is sound
in regard To the ordinary contracts of
private individuals, how much more
should IL he observed where the at
tempt TO annul the grants, the patents
and other solemn evidences of title tm-
anating from the government Of the
United States under its official seal? In
this class of cases the respect due n
patent, the Prescriptions that all the
preceding steps required 10y the law
have been observed before its issue, the
immense Importance and necessity of
the stability Of titles dependent upon
these official Instruments. demand that
the effort 10 set set them aside. TO an
nul them, or TO correct mistakes i'm
them. should be only successful
when the allegations on which they are
attempted are clearly stated and fully
sustained by proof"
The decision OF Judge Brewer is OF
interest to many people in this portion
of Kansas, for there are hundreds of
farms, the titles to which are similar to
the IIalsey tracts. The land was
proved up without the claimants actu-
ally residing on it, and without it being
cultivated or permanently improved.
The claimants believed that it was not
necessary for them to comply with ev-
cry requirement made for the disposal
of ordinary presumption lands, and SC
only showed that they were qualified
preemptOrs, and residents OH the land
at the time Of proof. These lands gen.
orally passed into the hands of purch-
asers and the original entryRen left
the country. 70 now cancel the pat
ents to these claims would be to greatly
wrong innocent purchasers, and Judge
Brewer appears to take this view.
But we would advise persons now
proving up on Usage Indian lands that
they had best not become too careless
in the matter of establishing residence
and making improvements. Their pa.
pers may get through the local land of.
flee and remain on file without question
in the general land Office for years, only
TO be rejected and the claimant subject
ed to great trouble and expense in de-
Tending his rights.
II is better to show an honest and
continuous residence; permanent and
substantial, improvements and actual
cultivation, than 10 show that the law
has been but technically complied
with.
So far as the county and state are con-
cerned, it is a pity there was ever a
short road suggested for proving up
claims. 1t encourages adventures to
come here and take up land, make proof
mortgage it and leave the country. Had
every acre of land in Barber county
been taken up under the regular pre-
emPtlon OF homestead laws the popula-
ton vt the county to-day would be
greater and its taxable wealth would
he nearly double.